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Vermont

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 2

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property N/A
Breach of Contract (Written) 6 years
Personal Property 3 years
Personal Injury 3 years
Wrongful Death 2 years
Medical Malpractice 2 or 3 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists; Vermont’s Department of Insurance advises its policy is to require pro rata distribution of recovered monies between the insurer and insured
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

75% of debtor’s wages are exempt from attachment except for a consumer debt and then 85% of the debtor’s wages are exempt; If at the hearing a debtor can show his income is used for reasonable and necessary living expenses for himself and that of his legal dependents, his income may be exempt; If an order to garnish is obtained, it continues until the judgment is paid in full or his employment is terminated
 


Parental Responsibility

Unemancipated Minor (Under 18)
Dollar Limit on Parents’ Liability: $5,000
Liability imposed when child willfully or maliciously injures person or property
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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